Civil immunity for police protection; provide an exception where violations of state constitutional rights are alleged.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2365

AN ACT TO AMEND SECTION 11-46-9, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE AN EXCEPTION FROM IMMUNITY FOR ANY CIVIL CLAIM AGAINST AN 2
EMPLOYEE OF A GOVERNMENTAL ENTITY ARISING OUT OF ANY ACT OR 3
OMISSION RELATING TO POLICE PROTECTION WHERE VIOLATIONS OF STATE 4
CONSTITUTIONAL RIGHTS ARE ALLEGED AGAINST THE EMPLOYEE; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 11-46-9, Mississippi Code of 1972, is 8
amended as follows: 9
11-46-9. (1) A governmental entity and its employees acting 10
within the course and scope of their employment or duties shall 11
not be liable for any claim: 12
(a) Arising out of a legislative or judicial action or 13
inaction, or administrative action or inaction of a legislative or 14
judicial nature; 15
(b) Arising out of any act or omission of an employee 16
of a governmental entity exercising ordinary care in reliance 17
upon, or in the execution or performance of, or in the failure to 18
execute or perform, a statute, ordinance or regulation, whether or 19
not the statute, ordinance or regulation be valid; 20
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(c) Arising out of any act or omission of an employee 21
of a governmental entity engaged in the performance or execution 22
of duties or activities relating to police or fire protection 23
unless either the employee acted in reckless disregard of the 24
safety and well-being of any person not engaged in criminal 25
activity at the time of injury or violations of state 26
constitutional rights are alleged against the employee relating to 27
police protection; 28
(d) Based upon the exercise or performance or the 29
failure to exercise or perform a discretionary function or duty on 30
the part of a governmental entity or employee thereof, whether or 31
not the discretion be abused; 32
(e) Arising out of an injury caused by adopting or 33
failing to adopt a statute, ordinance or regulation; 34
(f) Which is limited or barred by the provisions of any 35
other law; 36
(g) Arising out of the exercise of discretion in 37
determining whether or not to seek or provide the resources 38
necessary for the purchase of equipment, the construction or 39
maintenance of facilities, the hiring of personnel and, in 40
general, the provision of adequate governmental services; 41
(h) Arising out of the issuance, denial, suspension or 42
revocation of, or the failure or refusal to issue, deny, suspend 43
or revoke any privilege, ticket, pass, permit, license, 44
certificate, approval, order or similar authorization where the 45
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governmental entity or its employee is authorized by law to 46
determine whether or not such authorization should be issued, 47
denied, suspended or revoked unless such issuance, denial, 48
suspension or revocation, or failure or refusal thereof, is of a 49
malicious or arbitrary and capricious nature; 50
(i) Arising out of the assessment or collection of any 51
tax or fee; 52
(j) Arising out of the detention of any goods or 53
merchandise by any law enforcement officer, unless such detention 54
is of a malicious or arbitrary and capricious nature; 55
(k) Arising out of the imposition or establishment of a 56
quarantine, whether such quarantine relates to persons or 57
property; 58
(l) Of any claimant who is an employee of a 59
governmental entity and whose injury is covered by the Workers' 60
Compensation Law of this state by benefits furnished by the 61
governmental entity by which he is employed; 62
(m) Of any claimant who at the time the claim arises is 63
an inmate of any detention center, jail, workhouse, penal farm, 64
penitentiary or other such institution, regardless of whether such 65
claimant is or is not an inmate of any detention center, jail, 66
workhouse, penal farm, penitentiary or other such institution when 67
the claim is filed; 68
(n) Arising out of any work performed by a person 69
convicted of a crime when the work is performed pursuant to any 70
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sentence or order of any court or pursuant to laws of the State of 71
Mississippi authorizing or requiring such work; 72
(o) Under circumstances where liability has been or is 73
hereafter assumed by the United States, to the extent of such 74
assumption of liability, including, but not limited to, any claim 75
based on activities of the Mississippi National Guard when such 76
claim is cognizable under the National Guard Tort Claims Act of 77
the United States, 32 USCS 715, or when such claim accrues as a 78
result of active federal service or state service at the call of 79
the Governor for quelling riots and civil disturbances; 80
(p) Arising out of a plan or design for construction or 81
improvements to public property, including, but not limited to, 82
public buildings, highways, roads, streets, bridges, levees, 83
dikes, dams, impoundments, drainage channels, diversion channels, 84
harbors, ports, wharfs or docks, where such plan or design has 85
been approved in advance of the construction or improvement by the 86
legislative body or governing authority of a governmental entity 87
or by some other body or administrative agency, exercising 88
discretion by authority to give such approval, and where such plan 89
or design is in conformity with engineering or design standards in 90
effect at the time of preparation of the plan or design; 91
(q) Arising out of an injury caused solely by the 92
effect of weather conditions on the use of streets and highways; 93
(r) Arising out of the lack of adequate personnel or 94
facilities at a state hospital or state corrections facility if 95
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reasonable use of available appropriations has been made to 96
provide such personnel or facilities; 97
(s) Arising out of loss, damage or destruction of 98
property of a patient or inmate of a state institution; 99
(t) Arising out of any loss of benefits or compensation 100
due under a program of public assistance or public welfare; 101
(u) Arising out of or resulting from riots, unlawful 102
assemblies, unlawful public demonstrations, mob violence or civil 103
disturbances; 104
(v) Arising out of an injury caused by a dangerous 105
condition on property of the governmental entity that was not 106
caused by the negligent or other wrongful conduct of an employee 107
of the governmental entity or of which the governmental entity did 108
not have notice, either actual or constructive, and adequate 109
opportunity to protect or warn against; provided, however, that a 110
governmental entity shall not be liable for the failure to warn of 111
a dangerous condition which is obvious to one exercising due care; 112
(w) Arising out of the absence, condition, malfunction 113
or removal by third parties of any sign, signal, warning device, 114
illumination device, guardrail or median barrier, unless the 115
absence, condition, malfunction or removal is not corrected by the 116
governmental entity responsible for its maintenance within a 117
reasonable time after actual or constructive notice; 118
(x) Arising out of the administration of corporal 119
punishment or the taking of any action to maintain control and 120
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ST: Civil immunity for police protection;
provide an exception where violations of state
constitutional rights are alleged.
discipline of students, as defined in Section 37-11-57, by a 121
teacher, assistant teacher, principal or assistant principal of a 122
public school district in the state unless the teacher, assistant 123
teacher, principal or assistant principal acted in bad faith or 124
with malicious purpose or in a manner exhibiting a wanton and 125
willful disregard of human rights or safety; or 126
(y) Arising out of the construction, maintenance or 127
operation of any highway, bridge or roadway project entered into 128
by the Mississippi Transportation Commission or other governmental 129
entity and a company under the provisions of Section 65-43-1 or 130
65-43-3, where the act or omission occurs during the term of any 131
such contract. 132
(2) A governmental entity shall also not be liable for any 133
claim where the governmental entity: 134
(a) Is inactive and dormant; 135
(b) Receives no revenue; 136
(c) Has no employees; and 137
(d) Owns no property. 138
(3) If a governmental entity exempt from liability by 139
subsection (2) becomes active, receives income, hires employees or 140
acquires any property, such governmental entity shall no longer be 141
exempt from liability as provided in subsection (2) and shall be 142
subject to the provisions of this chapter. 143
SECTION 2. This act shall take effect and be in force from 144
and after July 1, 2026. 145